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7. March 2018 - Topographic Survey by Owner (City) <br />8, Complete Preliminary Design One (1) Month after both selection of alternative is made and <br />survey is received. <br />W W <br />W Y <br />2.01 Payment Procedures <br />A. Invoices: Engineer shall prepare invoices in accordance with its standard invoicing practices and <br />submit the invoices to Owner on a monthly basis. Invoices are due and payable within 30 35 days of <br />receipt. if Ovmer fails to make any payment dtte Engineef faf serviees a*d eqpenses wi"a 30-days <br />after Feeeipt of Engineer-'s invoiee, then the afneunts due Engineer- A41l be inereased eA the fate o per month (or the te of in4et�est pefmi44@d by law, if less) fiffffim said- ah_irtie4h day, <br />In addition, Engineer may, after giving seven days written notice to Owner, suspend services under <br />this Agreement until Engineer has been paid in full all amounts due for services, expenses, and <br />other related charges. Owner waives any and all non -disputed claims against Engineer for any such <br />suspension. n.,<,,,. ents will be eiv&ed fifst to s er-est and the pfineipal. <br />3.01 Termination <br />A. The obligation to continue performance under this Agreement may be terminated: <br />1. For cause, <br />a. By either parry upon 30 days written notice in the event of substantial failure by the <br />other party to perform in accordance with the Agreement's terms through no fault of the <br />terminating party. Failure to pay Engineer for its services is a substantial failure to <br />perform and a basis for termination. <br />b, By Engineer: <br />1) upon seven days written notice if Owner demands that Engineer furnish or perform <br />services contrary to Engineer's responsibilities as a licensed professional; or <br />2) upon seven days written notice if the Engineer's services for the Project are delayed <br />for more than 90 days for reasons beyond Engineer's control. <br />Engineer shall have no liability to Owner on account of a termination by Engineer under <br />Paragraph 3.01.A.Lb. <br />c. Notwithstanding the foregoing, this Agreement will not terminate as a result of a <br />substantial failure under Paragraph 3.01.A. La if the party receiving such notice begins, <br />within seven days of receipt of such notice, to correct its substantial failure to perform <br />and proceeds diligently to cure such failure within no more than 30 days of receipt of <br />Page 2 <br />EJCDC E-500 Agreement Between Owner and Engineer for Professional Services <br />Copyright O 2008 National Society of Professional Engineers for EJCDC. All rights reserved. <br />